SMITH v. WHALEN

No. 41221.

613 S.W.2d 868 (1981)

Richard Dale SMITH, Plaintiff-Respondent, v. M. Eugene WHALEN, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Four.

Motion for Rehearing and/or Transfer Denied March 4, 1981.

Application to Transfer Denied May 11, 1981.


Attorney(s) appearing for the Case

McQuie & Deiter by Walter D. McQuie, Jr., Montgomery City, for defendant-appellant.

Van Matre & Van Matre by Everett S. Van Matre, Mexico, for plaintiff-respondent.


Motion for Rehearing and/or Transfer to Supreme Court Denied March 4, 1981.

SATZ, Judge.

Plaintiff brought this action for damages because of defendant's criminal conversation with plaintiff's wife. A jury awarded plaintiff $25,000 as damages. Defendant appeals. We affirm.

In our review, we take the trial record as it stands and so must defendant's present counsel on appeal. In his answer and at trial, defendant admitted having sexual intercourse with...

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